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civilservant

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  1. Like
    civilservant reacted to Villanelle in I’m not doing so good right now.   
    This is worded poorly. I get what you mean though, just want to clarify it better.
     
    When you get a GC through marriage (which means 130-485 or K-AOS) then there is an 864 in effect by the spouse as the sponsor. The 864 will always be in effect. It only ends when the immigrant becomes a citizen or gets 40 credits with SSA. However if someone gets their GC through VAWA (360-485) there is no 864. She has her GC based on marriage- so there is an 864 and its not going away. 
     
    Also public charge determination is ONLY done when the GC is first issued. Its not done at ROC or naturalization. So she does not have any issues about being found to be a public charge. A separate issue is being able to use social service benefits. When there is an active 864 any benefits used can be collected from the sponsor. IMO that should not concern her. Her husband is abusive and if he has to end up paying back benefits she got- good. But more importantly- immigrants are barred from receiving various social services for the first 5 years- EXCEPT in cases of abuse. So VAWA laws allow an immigrant victim of abuse to get help. She needs to go down to her local welfare agency and bring proof of the abuse (police reports) and request help as a victim of abuse. They will enter her into the system as such which will make her eligible for various programs and override their systems requirements for considering her husbands income/864 sponsor when determining benefits. None of the benefits she would get would ever be held against her. Again, they may go after the sponsors for it but thats not her concern. 
     
    She also should be aware that she is entitled to support from him under the 864. This is separate from divorce/alimony although in some places the divorce court will consider the 864. I suggest she googles 864 enforcement attny. Most likely she can find one to represent her. They will not charge her as 864 requires the sponsor to pay all the legal fees for her side.  
     
    She also should find a divorce attny and see about getting some kind of temp spousal support and possession of the home during the divorce process. When theres abuse the court tends to be favorable to the victim. They are not likely to tell an abused mother with a 10 month old child to leave the home. 
     
    She also needs to follow up with the victims advocate at the local police station and make sure that the guns are taken away. 
     
    To the OP- I am sorry this happened. Stay strong. I know a lot of info is being thrown at you and its a stressful time and hard to understand and process it all. If you have any questions please post them or you can PM me if you need to. 
  2. Thanks
    civilservant got a reaction from Thefiance in Court Marriage in Houston with K1 visa   
    I had it in my hand when I walked out of the Office. We were there maybe an hour.
     
    YMMV - like I said this was SC, not TX. Different State, different rules.
  3. Like
    civilservant got a reaction from JFH in K-1 the right visa?   
    As a former (now naturalized) British CR1 beneficiary, I would never ever recommend the K1. Working significantly helps a foreign born person to adjust to life in the US, and allows them to immerse themselves in their new country independent of the spouse, which is important for a healthy marriage.
     
    Consider your spouses sacrifice when making the decision. They are giving up their home, their life, their friends, their job, to sit around the house and do nothing until their EAD shows up. That's the life on a K1 applicant upon getting to the US.
     
    I realize it's hard to be apart married, but you are adults, and the delaying of pleasure is the hallmark of an adult. Children do what feels good. Yes with the CR1 you would be married and apart, but upon the spouses arrival on a Green Card he would be able to get a job, get his license, and be useful.
     
    That cannot be overstated enough.
  4. Like
    civilservant got a reaction from Boris Farage in Green card for my parents already in the US   
    Please stop posting this, you're simply wrong.
     
    There is no rule/law in the FAM or INA anything like what you are suggesting.
  5. Like
    civilservant got a reaction from usmsbow in FELONY CHARGE   
    6 months in prison for something related to domestic violence is a pretty serious offence. Depending on the state she no longer has the right to vote, and she certainly does not have the right to be in possession of a firearm.
     
    Make sure you are fully aware of the situation so that 1) you can make a fully informed decision regarding the marriage and 2) you know for the visa application.
     
    As to your actual question about it stopping you getting married, no it won't.
  6. Like
    civilservant got a reaction from SalishSea in FELONY CHARGE   
    6 months in prison for something related to domestic violence is a pretty serious offence. Depending on the state she no longer has the right to vote, and she certainly does not have the right to be in possession of a firearm.
     
    Make sure you are fully aware of the situation so that 1) you can make a fully informed decision regarding the marriage and 2) you know for the visa application.
     
    As to your actual question about it stopping you getting married, no it won't.
  7. Like
    civilservant got a reaction from laylalex in FELONY CHARGE   
    6 months in prison for something related to domestic violence is a pretty serious offence. Depending on the state she no longer has the right to vote, and she certainly does not have the right to be in possession of a firearm.
     
    Make sure you are fully aware of the situation so that 1) you can make a fully informed decision regarding the marriage and 2) you know for the visa application.
     
    As to your actual question about it stopping you getting married, no it won't.
  8. Like
    civilservant got a reaction from Matrix13 in FELONY CHARGE   
    6 months in prison for something related to domestic violence is a pretty serious offence. Depending on the state she no longer has the right to vote, and she certainly does not have the right to be in possession of a firearm.
     
    Make sure you are fully aware of the situation so that 1) you can make a fully informed decision regarding the marriage and 2) you know for the visa application.
     
    As to your actual question about it stopping you getting married, no it won't.
  9. Like
    civilservant got a reaction from Crazy Cat in UK BASED US IMMIGRATION LAWYER   
    Agreed, and as I said also the increased visits presents an increased risk. There is a danger of 'getting inside ones head' though and seeming overtly nervous or evasive. Just answer the questions as you always have.
  10. Like
    civilservant got a reaction from Ems cns in K1 visa with fiance on SSI?   
    Quite correct. I had forgot we were talking about the K1.
  11. Like
    civilservant got a reaction from Ems cns in K1 visa with fiance on SSI?   
    If it's just the intending immigrant and the sponsor (household size of 2) the minimum is $21,137. So you should be fine.
     
    Note that your sponsor still much complete a i864, even though she does not qualify to sponsor you.
  12. Like
    civilservant got a reaction from NikLR in K-1 the right visa?   
    As a former (now naturalized) British CR1 beneficiary, I would never ever recommend the K1. Working significantly helps a foreign born person to adjust to life in the US, and allows them to immerse themselves in their new country independent of the spouse, which is important for a healthy marriage.
     
    Consider your spouses sacrifice when making the decision. They are giving up their home, their life, their friends, their job, to sit around the house and do nothing until their EAD shows up. That's the life on a K1 applicant upon getting to the US.
     
    I realize it's hard to be apart married, but you are adults, and the delaying of pleasure is the hallmark of an adult. Children do what feels good. Yes with the CR1 you would be married and apart, but upon the spouses arrival on a Green Card he would be able to get a job, get his license, and be useful.
     
    That cannot be overstated enough.
  13. Like
    civilservant got a reaction from AffableAndy in K-1 the right visa?   
    As a former (now naturalized) British CR1 beneficiary, I would never ever recommend the K1. Working significantly helps a foreign born person to adjust to life in the US, and allows them to immerse themselves in their new country independent of the spouse, which is important for a healthy marriage.
     
    Consider your spouses sacrifice when making the decision. They are giving up their home, their life, their friends, their job, to sit around the house and do nothing until their EAD shows up. That's the life on a K1 applicant upon getting to the US.
     
    I realize it's hard to be apart married, but you are adults, and the delaying of pleasure is the hallmark of an adult. Children do what feels good. Yes with the CR1 you would be married and apart, but upon the spouses arrival on a Green Card he would be able to get a job, get his license, and be useful.
     
    That cannot be overstated enough.
  14. Like
    civilservant got a reaction from Daphne . in K-1 the right visa?   
    As a former (now naturalized) British CR1 beneficiary, I would never ever recommend the K1. Working significantly helps a foreign born person to adjust to life in the US, and allows them to immerse themselves in their new country independent of the spouse, which is important for a healthy marriage.
     
    Consider your spouses sacrifice when making the decision. They are giving up their home, their life, their friends, their job, to sit around the house and do nothing until their EAD shows up. That's the life on a K1 applicant upon getting to the US.
     
    I realize it's hard to be apart married, but you are adults, and the delaying of pleasure is the hallmark of an adult. Children do what feels good. Yes with the CR1 you would be married and apart, but upon the spouses arrival on a Green Card he would be able to get a job, get his license, and be useful.
     
    That cannot be overstated enough.
  15. Haha
    civilservant got a reaction from Naturegirls in My case approved for bringing daughter but she doesn’t have passport   
    You have 1 year to take any action on a visa application until it is deemed abandoned.
  16. Thanks
    civilservant got a reaction from Kats bond in Information about my parents   
    You must complete the information, you can add that they are deceased if there is space or on an appended sheet if not.
  17. Like
    civilservant got a reaction from pm_1234 in confused about our case at NVC/embassy   
    Fired.
     
    That is all.
  18. Like
    civilservant got a reaction from mika__ in confused about our case at NVC/embassy   
    Fired.
     
    That is all.
  19. Like
    civilservant got a reaction from Life_love in Do I need to inform my employer of status change   
    Not strictly true. You should update your I9 in case they are audited by the state DOL.
  20. Like
    civilservant got a reaction from Gal Pal in N-400 June 2018 Filers   
    Update for Atlanta Filers:
     
    Application    5/23/18
    Interview        4/30/19
    Swearing In    5/17/19
     
    Good luck to all June ATL people!
  21. Like
    civilservant got a reaction from Tina and Johan in N-400 June 2018 Filers   
    Update for Atlanta Filers:
     
    Application    5/23/18
    Interview        4/30/19
    Swearing In    5/17/19
     
    Good luck to all June ATL people!
  22. Like
    civilservant got a reaction from John & Rose in Change visa issue   
    There is no way to change the expiration of the visa, which is 6 months from the date of the medical (not interview)
     
    If the visa is unused before that date, then it expires and you have to start all over again. I would recommend simply drawing out the process by not attending the medical until later. The application will not expire until you have taken no action on it for 1 year.
  23. Thanks
    civilservant got a reaction from Wuozopo in Change visa issue   
    There is no way to change the expiration of the visa, which is 6 months from the date of the medical (not interview)
     
    If the visa is unused before that date, then it expires and you have to start all over again. I would recommend simply drawing out the process by not attending the medical until later. The application will not expire until you have taken no action on it for 1 year.
  24. Like
    civilservant got a reaction from Kitti in N-400 June 2018 Filers   
    I'm a May 23rd 2018 filer and received my interview notice this morning from Atlanta (286 day wait I think?) I would say you have another 6 weeks or so to wait yet.
  25. Thanks
    civilservant got a reaction from ReRe2015 in N-400 June 2018 Filers   
    I'm a May 23rd 2018 filer and received my interview notice this morning from Atlanta (286 day wait I think?) I would say you have another 6 weeks or so to wait yet.
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